Recovery of stolen property from a third party (pledged at a finance company) combined with the accused's failure to explain such recovery is sufficient to establish guilt under Section 392 of the IPC.

THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS ) PRAYING TO ALLOW THIS PETITION AND THEREBY SET ASIDE THE JUDGEMENT AND ORDER DTD 24.01.2026 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT HASSAN IN CRL.A.NO.79/2025 AND THEREBY SET ASIDE THE JUDGMENT AND ORDER DTD 04.06.2025 PASSED BY THE SR. CIVIL JUDGE AND JMFC AT ARASIKERE IN C.C.NO.132/2023 AND THEREBY ACQUIT THE PETITIONER OF ALL CHARGES.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri N.Jagadish Baliga, learned counsel for the petitioner and also Sri K.Nageshwarappa, learned High Court Government Pleader for the respondent.

2. Though the matter is listed for admission by consent of the parties, the matter is taken up for final disposal.

3. The revision petitioner is the accused, who suffered an order of conviction in C.C.No.132/2023 for the offence punishable under Section 392 of IPC, confirmed in Crl.A.No.79/2025 and ordered to undergo simple imprisonment for a period of two years and to pay fine of Rs.20,000/-.

4. Facts in the nutshell which are utmost necessary for disposal of the present case are as under:

Smt. Shakuntala W/o Sri Dhananjaya lodged a complaint with Arsikere Town Police Station stating that on 01.12.2022 at about 05.30 p.m., she had offered a tea to the petitioner and Lingappa. The petitioner and Lingappa visited the house of the complainant for drinking water. Lingappa after drinking the water, went out of the house and it is the present petitioner who was acquainted with the complainant being the tenant of the neighbouring house, stayed there for accepting the offer of tea.

5. After consuming the tea given by the complainant, he stood there and straight all of a sudden tried to snatch the gold chains worn by the complainant. In the process, the mangalya chain worn by the complainant was broken and revision petitioner managed to take a chain weighing about 25 grams with a pendant thereon.

6. Immediately, the complainant came out of the house raising alarm. On hearing the hue and cry of the complainant, inmate of the neighbouring house namely Lilly and others gathered there and they consoled her. The matter was also reported to the husband of the complainant and after he came home, they decided to lodge a complaint against the petitioner.

7. The Town Police, on receipt of the complaint, registered a case and investigated the matter and apprehended the petitioner. When the accused was in custody, he has given the voluntary statement; pursuant to which, the Investigation Officer secured the presence of two independent punch witnesses and all of them proceeded to the Muthoot Finance office situated in the Arsikere Town and after visiting the said office, the accused pointed out the Manager, who identified the accused.

8. On enquiry, the gold chain which was snatched from the neck of the complainant, was pledged with the said finance company, which was recovered by the Investigation Officer in the presence of punch witnesses vide recovery mahazar marked at Ex.P9 and thereafter completed the investigation and filed the charge sheet.

9. Presence of the accused was secured by trial judge, who was enlarged on bail on 21.12.2022. After his arrest on 08.12.2022 and charges were framed. The accused pleaded not guilty. The